General terms and conditions of purchase for the web
Acceptance of the following terms and conditions is essential to place an order in the BODEGAS VIRTUS S.L. online shop.
1. Identification
BODEGAS VIRTUS S.L.. (hereinafter, Bodegas Virtus) offers its customers its online shop, https://www..com/ (hereinafter, the website) so that they can purchase the products offered.
The General Purchasing Conditions (hereinafter, GPC) included below, as well as any other specific conditions, constitute the regulatory framework for each contract of sale of goods and services that will be formalised through the website.
Likewise, the user and/or client can directly access these GTC, as well as the Privacy Policy and the Cookies Policy by clicking on the sections that, duly identified, can be found below.
The terms and conditions set forth herein apply to all commercial transactions carried out through the online shop https://www.virtuswine.com/ and shall be understood to be made with the company:
BODEGAS VIRTUS, with registered address at Pago de la Fuentecilla s/n, 47.313. Aldeayuso, Valladolid and with the following contact details:
Tel:+34-983-87-80-80
email: contact@virtuswine.com
BODEGAS VIRTUS S.L. is registered in the Mercantile Register of Madrid, volume 31552, folio 26, page M-567824, 1st inscription.
The goods and services offered on the website are aimed solely and exclusively at natural persons of legal age and/or legal entities who are considered consumers or end users in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. Therefore, anyone who does not meet the above requirements may not make purchases through this website.
2. Intellectual and industrial property
The rights relating to industrial and intellectual property (including but not limited to: brands, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained on the website, https://www.virtuswine/) are the property of BODEGAS VIRTUS S.L. or of the representative companies and manufacturers of the products offered. Therefore, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.
It is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered without the previous written authorisation of BODEGAS VIRTUS S.L. or, in its case, of the representative or the manufacturer of the product holder of the rights.
Access to the goods and services offered does not imply on the part of BODEGAS VIRTUS S.L. waiver, transfer or total or partial assignment of the rights derived from the intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective owners of said rights, without prejudice to the right to view and obtain a private security copy of said contents, provided that said right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the owner of said rights remains unaltered, is used for non-commercial purposes and exclusively for the user’s personal information.
3. Updating of the website with regard to contracting
BODEGAS VIRTUS S.L. reserves the right to make modifications and updates to the products, prices, promotions and other conditions contained on the website.
BODEGAS VIRTUS S.L., within its means, endeavours to ensure that the information offered on the website is accurate and free of typographical errors. In the event of any typographical error, beyond the control of BODEGAS VIRTUS S.L., it will be corrected immediately. If a customer decides to make a purchase based on an error of this type, BODEGAS VRTUS S.L. will immediately inform them of the error, and both parties will be able to cancel the purchase at no cost as long as the existence of the error is justified.
4. Function of these general terms and conditions - customer registration
As indicated above, the following GTC, as well as any other specific conditions that, for the purchase of certain products, constitute the regulatory framework for each contract for the sale of goods and services that will be formalised through this website.
These GTC have been drawn up in accordance with current legislation on the subject, among others, Royal Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, as well as Law 34/2002, on Information Society Services and Electronic Commerce and Law 59/2003, of 19 December, on Electronic Signatures.
These GTC are available in Spanish and English.
The GTC, as well as any other particular conditions of purchase that will govern the purchase of products and services offered, will always be those in force at the time of placing each order.
BODEGAS VIRTUS S.L. may at any time modify these GTC, respecting, in any case, the commitments previously acquired with its customers. These modifications will be published on the website so that they can be known by new customers.
BODEGAS VIRTUS S.L. reserves the right to cancel and prevent access to customers who have debts or unpaid balances with BODEGAS VIRTUS S.L.
5. Purchase of products on virtuswine.com
The website will show at all times the products on sale together with their characteristics and their retail price in each of its sections.
BODEGAS VIRTUS S.L. decides, at any given time, the products it offers to its customers through the website. In this way, BODEGAS VIRTUS S.L. may add references to the catalogue of products it offers or remove them, respecting in any case the orders placed previously or the duration of campaigns or specific offers it has already committed to.
- a) Price indication
The prices of the products and services available for purchase are detailed in euros (€) and include Value Added Tax (VAT).
Specifications
In accordance with current legislation, the sale or service of alcoholic beverages to minors through this website is prohibited. Therefore, wines or any other product containing alcohol will only be sold to persons of legal age, who must declare this condition when placing the order.
The cancellation policy and terms and conditions will be reflected in each service, prior to purchase.
- b) Methods of payment
Payments can be made by credit or debit card.
Payment by credit card
The Virtual Payment Terminal (TPV) accepts payment with American Express, Master Card, Maestro, Visa and Visa Electron cards. To pay by card, you must indicate: card number, expiry date, name and surname of the cardholder (as it appears on the card) and the CVV code of the card.
The amount of the order will be charged to the customer’s bank card at the time of purchase. In order to improve protection against possible fraud, the customer will have to provide the card details again with each purchase, as BODEGAS VIRTUS S.L. does not have access to or store the bank details of its customers.
This merchant undertakes not to allow any transaction that is illegal, or is considered by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards.
Security of transactions
BODEGAS VIRTUS S.L. uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
All contracting processes or processes involving the entry of personal data shall always be transmitted via secure communication protocol (https:virtuswine.com/en//) in such a way that no third party has access to the information transmitted electronically.
6. Legal guarantee and after-sales service
As a consumer and end user, the customer of our online shop has, in addition to the rights described here, all the legal rights under Spanish and European legislation relating to the sale of consumer goods. We inform you that these legal rights can never be affected by these ‘General Terms and Conditions’.
In the case of defective products, we inform you that, in accordance with current legislation, BODEGAS VIRTUS S.L., S.A. must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for you. BODEGAS VIRTUS S.L. shall be liable for any lack of conformity that becomes apparent within ONE (1) year of delivery.
In this regard, it is understood that there is a lack of conformity when:
The product does not conform to the description given by the seller and does not possess the qualities that the seller has presented to the consumer and user in the form of a sample.
– The product is not suitable for the uses for which products of the same type are normally intended.
– The product is not suitable for any special use required by the consumer and user and he has made this known to the seller and the seller has admitted that the product is suitable for that particular use.
– The product does not present the usual quality and performance of a product of the same type which the consumer and user may reasonably expect from the nature of the product and its characteristics as disclosed in advertising and on its labelling.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within TWO (2) MONTHS after delivery of the product was already present when the product was delivered. The consumer and end user must inform the seller of the lack of conformity as soon as possible after its detection. Failure to comply with this period shall not entail the loss of the right to the corresponding remedy, the consumer being liable, however, for the damages or losses actually caused by the delay in the communication and due to the continued use of the good by the consumer once the lack of conformity has been detected.
7. Availability
BODEGAS VIRTUS S.L. will only serve orders in Spain (Peninsula and Balearic Islands). During the management of the order itself, if the product and/or service purchased is not available, the customer will be notified by telephone to indicate that it is not available and to try to find a solution.
*For deliveries to the Canary Islands, please consult specific conditions by sending an email to: contact@virtuswine.com
8. Shipping costs
In the case of products, the shipping costs will be paid together with the amount of the order and will appear on the invoice. The shipping costs will be clearly stated in each order. Delivery will be free of charge for orders over sixty euros (€60.00).
9. Order confirmation
The customer confirms the order placed by clicking on the ‘Continue’ button during the payment process. From this confirmation the order is firm and definitive, it will be registered automatically.
Once the order has been confirmed, you will receive, within twenty-four hours of receipt of acceptance, a confirmation email which will include the confirmation of your purchase order. This e-mail will serve as your proof of order.
The automatic recording of the order placed has the value of proof as to its nature, content and date. The confirmation of the order by the customer implies acceptance of the prices, the description of the products offered, delivery costs and other conditions of sale, which are contained in this document. Once the purchase process has been completed, the system will confirm the order to the customer via the website itself.
The order confirmation and the purchase receipt (printout made by the user) will not be valid as an invoice. The corresponding invoice will be attached to the order in question.
10. Order tracking
Bodegas Virtus S.L. offers you a Customer Service telephone +34 983-87-80-80 and an e-mail: contact@virtuswine.com
11. Order delivery times
Orders will be delivered to the address indicated by the customer when placing the order, within 48 to 72 working hours (excluding Saturdays, Sundays and public holidays) for deliveries to the Peninsula and within 3 to 4 working days for deliveries to the Balearic Islands, although this may vary depending on the availability of the products or the delivery address. If the customer is not in the place at the time of delivery, a notice will be left with the corresponding indications to contact the transport agency and arrange a new delivery. A second delivery will only be made if the customer contacts the agency to arrange it. The order will remain in the office of the transport agency for 15 calendar days after which it will be returned to BODEGAS VIRTUS S.L. After this period, if the customer claims his order, he will have to pay the shipping costs again.
For any complaint after delivery, you can contact our Customer Service Department on Tel: +34 983-87-80-80 or by sending an email to: contact@virtuswine.com.
Failing the above, the order will be delivered to the person, of legal age, who is at the indicated address at the time of delivery. The customer expressly authorises BODEGAS VIRTUS S.L. to deliver the order on his behalf. The recipient of the order must sign the corresponding delivery note, stating their name and ID card or similar, which implies their agreement with the products received, both in terms of quantity and quality and the state they are in.
To this end, the recipient may review the order as much as he/she wishes at the time of receipt in order to show his/her conformity with it. In the event that it is not complete, this must be expressly stated on the corresponding delivery note.
12. Acceptance of transactions
The acceptance of the order on the part of BODEGAS VIRTUS S.L. as well as the information relating to any operation carried out on the basis of the corresponding order number and other documentation generated will be stored and filed, serving as proof in the event of litigation.
13. Return of products
Right of withdrawal
In accordance with the provisions of articles 68 to 79 and 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, for the products offered on the website, the Customer shall have a maximum period of fourteen (14) calendar days from delivery of the product to withdraw, The right of withdrawal shall not apply to products that have been opened, nor, in the case of products delivered in wooden boxes, shall it apply to boxes of wine that have been opened or unsealed with a broken box.
We inform you that all personalised products are strictly excluded from the right of withdrawal by the customer.
Once the period of fourteen (14) calendar days has expired, BODEGAS VIRTUS S.L. will not accept returns for withdrawal of product purchases.
In the event of withdrawal, the refund will include all shipping costs paid by the customer when making the purchase. However, BODEGAS VIRTUS S.L. may charge additional shipping costs in the event of a non-standard shipping method or express delivery.
In the event of withdrawing from the purchase of the products, you must inform BODEGAS VIRTUS S.L. that you are exercising your right of withdrawal by sending an e-mail to: contact@virtuswine.com.
You can also exercise your right of withdrawal by sending the following completed form, sending it to us by any of the methods indicated in the previous paragraph:
For the attention of: Orders on Line – Ref: Right of Withdrawal
I hereby inform you that I withdraw from my contract of sale of the following goods:….
Consumer Name:……………………………………………………………………………
Order Number: ……………………………………………….
Date order placed: ……… of ……… of 20….
Date order received: ……… ……………………………………… of ……………………………………… of 20….
Consumer’s address:………………………CP:……………,City:…………Province:………………
At …………., on ……. …………………….. 20…….
Signature (only if submitted on paper):
Lastly, you can make the physical delivery certifying the date of receipt at the address indicated below, always within 14 days. BODEGAS VIRTUS S.L. will acknowledge receipt of such delivery.
In the event of exercising your right of withdrawal, the following requirements must be met:
– You must exercise your right within a maximum period of fourteen (14) calendar days from the delivery of the product.
– The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.
– The return to BODEGAS VIRTUS S.L. must be made using the same box used in the delivery, or, failing that, in a similar format that guarantees the return of the products in perfect condition (except in the case of those served in wooden boxes, which can only be returned in the same unopened box).
Returned orders must be sent and/or physically delivered to the following address:
BODEGAS VIRTUS S.L. Pago de la Fuentecilla s/n. Aldeayuso, Peñafiel. Valladolid. 47.313
We inform you that in the event that you exercise your right of withdrawal, the return shipping costs will be borne by you, although in no case may these costs be different from the shipping costs of the initial order.
Return of defective products
Without prejudice to any other rights that may correspond to him/her, the Customer shall be entitled to a refund of the price of the defective products or of the products delivered if they do not correspond to the order placed by the User.
Alternatively, the User shall have the right to claim, and to be delivered, an identical product in perfect condition.
In the event of the return to BODEGAS VIRTUS S.L. of defective products or products that do not correspond to the order, this must be carried out by the Client using the procedure established in the previous section, although the Client, in this case, shall not be liable for the cost of returning the said products.
Provided that the User has followed the procedure established in the previous section and the established requirements have been met, BODEGAS VIRTUS S.L. will refund the price paid for returned products that are defective or do not correspond to the product order placed by the Customer.
Refund of the price of the products
Provided that the Customer has followed the established procedure and the requirements indicated above have been met, BODEGAS VIRTUS S.L. will refund the price paid by the Customer for the products returned and the shipping costs, except in the case of non-standard or express delivery. In the event that the return is made in exercise of the User’s right of withdrawal, BODEGAS VIRTUS S.L. will not pay or meet the expenses and/or costs of returning the product.
The Customer shall not be entitled to a refund of the price of returned products that are not in the same condition in which they were delivered, or which do not meet the requirements established in these General Conditions.
Partial returns of an order will give rise to the reimbursement of the price corresponding to the product or products actually returned.
BODEGAS VIRTUS S.L. will process the price refund order by means of the same payment system used by the Client to purchase the products, within fourteen (14) days from the collection of the returned order and once BODEGAS VIRTUS S.L. has verified that the products being returned comply with the requirements established above. The application of the price refund to the Customer’s account will depend on the bank.
Cancellation of Purchases
The user can cancel the purchase process as long as it has not been processed in its entirety. In order to ensure that the customer can cancel the purchase, it is advisable to contact contact@virtuswine.com immediately, indicating the order number and your desire to cancel.
14. Protection of personal data
You can access our Privacy Policy through the following link: Privacy Policy
Legal scope of use of customer e-mail addresses
Customers, by registering as such and purchasing our products, will receive e-mail promotions and newsletters about new products. This service is subject to the provisions of article 21.2 of Law 34/2002, on Information Society Services and electronic commerce, modified by Law 32/2003, of 3 November, General Telecommunications Law, which authorises the sending of commercial communications by electronic means when there is a previous contractual relationship and products or services similar to those that were the object of the contract are advertised. However, all commercial communications sent by BODEGAS VIRTUS S.L. will be clearly identifiable as such through the reference «advertising» at the beginning of the body of the message and will identify BODEGAS VIRTUS S.L. as the entity responsible for sending them. Each mailing will provide a simple and free means for the recipient to unsubscribe from the system of commercial communications by e-mail. Likewise, you can send us an e-mail to the address contact@bodegasvirtus.com to request exclusion from our commercial information distribution lists.
15. . Cookie Policy
You can access our Cookies Policy through the following link: Cookies Policy
16. Applicable Jurisdiction
In the event of conflict or disagreement in the interpretation or application of these General Terms and Conditions of Contract, the Courts or Tribunals that hear the matter shall be those provided for in the applicable regulations on jurisdiction. However, the consumer is informed that in accordance with article 52.3 (»Territorial jurisdiction in special cases») of Law 1/2000, of 7 January, on Civil Procedure, when the rules of territorial jurisdiction on general jurisdiction and special cases are not applicable to disputes arising from the exercise of individual actions by consumers or users, the court of their domicile or the corresponding court in accordance with articles 50 and 51 of the aforementioned Law shall be competent, at the choice of the consumer or user.
17. Obligation of employers to provide information on accredited alternative dispute resolution bodies in consumer matters (Law 7/2017, of 2 November, Art. 40.5).
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in any case of discrepancy, dispute, etc. between the consumer and the business. The online dispute resolution platform can only be used by consumers resident in the EU. Access to the ODR platform is available at the following link: http://ec.europa.eu/consumers/odr/.
18. Sending of invoices and other information arising from these General Terms and Conditions of Sale
With the acceptance of these General Conditions of Sale and in compliance with the provisions of Article 23. ‘Validity and effectiveness of contracts concluded electronically’ of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that all information derived from this contract, including all invoices derived from transactions carried out and contracted through the use of this site, will be sent electronically, although you may indicate at any time your wish to receive a paper invoice, in which case, we will issue and send the invoice in this format. To do so, you should send an e-mail to: contact@virtuswine.com and we will send you the invoice in paper format to the address you indicate as soon as possible.
